Definitions of Sexual Misconduct

Definitions and Scope of Sexual Misconduct and Harassment

Consent must be communicated, mutual, non-coercive and given free of force or the threat of force. A student who is physically or mentally incapacitated by drugs, alcohol, due to an intellectual or other disability or other circumstances may not be capable of giving consent.

Coercion is unreasonable pressure for sexual activity.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access.

Incapacitation due to alcohol results from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication. Incapacitation could also result from the use of illegal, controlled substances, and/or prescription medication.
Evidence of incapacity may be detected by physical cues, such as slurred speech, bloodshot eyes, the odor of alcohol on a person’s breath or clothing, inability to maintain balance, vomiting, unusual or irrational behavior and unconsciousness. Context is important in helping to determine incapacitation.

Intimate Partner Violence also referred to as dating violence or domestic violence, includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. It may involve one act or an ongoing pattern of behavior. Intimate-partner violence can encompass a broad range of behavior, including, but not limited to, physical violence or sexual violence. Intimate-partner violence may take the form of threats, assault, property damage, or violence or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate-partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientations and does not discriminate by racial, social, or economic background.

Non-consensual sexual contact includes, but is not limited to the unwelcome, deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttock, or clothing covering those areas), or using force to cause a person to touch his or her own or another person’s intimate parts.

Non-consensual sexual intercourse includes penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object.

Sexual harassment involves the unwelcome introduction of sexual activities or comments into an employment, learning, residential, social and athletic environment. Repeated sexual advances or sex based demeaning verbal comments may have a harmful effect on a person’s ability to effectively participate in the Wentworth community.

Stalking includes the "willfully and maliciously engaging in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms of annoys that person and would cause a reasonable person to suffer substantial emotional distress. Stalking can include a threat with the intent to place the person in imminent fear of death or bodily injury." (MGL c. 265, s.43)